Three Ways Lawyers Can Help You if You’ve Been in a Motorcycle Accident

The Insurance Company

When a driver causes a vehicle accident:

  1. the injured driver’s insurance company pays for the damages and injuries, and
  2. then collects from the responsible party’s insurance company.

The insurance company will only pay for the coverage purchased by the insurance holder, which can sometimes leave an injured driver to pay for medical expenses or repairs out of their own pocket.
In some cases, those expenses can be recovered through filing suit with an experienced personal injury lawyer.

If you are uninsured, Louisiana has a rule called the No-pay, No-play statute that might prevent you from collecting from an at-fault driver’s insurance company.

For information on Louisiana’s No-pay, No-play statute, see “How Will Louisiana’s No-Pay, No-Play Statute Affect My Compensation for an Automobile Accident?

Determining Fault

In Louisiana, fault determinations after car accidents are made by the police, but many times the insurance companies will try to make its own determination.

It should be noted that a police report will be required for an insurance claim, and the police will pursue any criminal activity or traffic violations they find while making the accident report.

How do I know who’s at fault?

Motorcycle accidents are typically governed by basic negligence laws. Louisiana is a pure comparative negligence state, which means that any award may be reduced if a judge or jury finds that the injured party was in any part responsible for the accident or injuries. This means that if one party is found to be 25% at fault for the accident, any damages or recovery for injuries will be reduced by 25%.

Comparative negligence can lead to an extensive evidentiary showing to prove the percentage of each party’s fault, and an experienced Louisiana motorcycle accident attorney becomes imperative in these situations.

Collecting evidence

After an accident, evidence of the actual cause and resulting damages will be of utmost importance not only to insurance companies but also to a judge and/or jury.

An experienced motorcycle accident attorney will help you obtain the important pictures of the scene of the accident, damages, and injuries. Your attorney can also work with the insurance companies and police departments on your behalf.

A well-trained attorney will also compile an accident file where they will collect important documents, such as the accident report, photos, witness statements and contact information, medical bills, records of lost wages, and records of repairs.

Before purchasing a motorcycle, make sure you have a clear understanding of the potential hazards, your legal responsibilities, rights and who you can turn to if you are involved in an accident. The experienced motorcycle accident attorneys at

Smiley Law can guide you through the process and help defend your rights.

Learn More

Here at Smiley Law Firm we write about the topic of motorcycle accident extensively. We have a number of blogs and articles covering the following topics. Please read them and leave comments if you find the information helpful.


  1. Sam Li

    on June 6, 2019

    I appreciate what you said about determining which party was at fault during a car crash. Working with a reliable injury attorney is vital if you have been hurt due to the fault of another. If I were to get hurt in an auto accident, I would find an attorney with a winning track record to work with.

  2. Shayla Cademis

    on May 31, 2019

    I didn’t know you could get compensation for things like losing a job, having difficulties with mortgage payments, or getting a divorce after an auto accident. My brother-in-law was in a car accident last week after another driver ran a red light at an intersection. He’s definitely had a few medical bills, but I’ll have to let him know he should be aware of other possible compensations. Hopefully we can help him find a good attorney in his area. Thanks for the info!

  3. Bob

    on May 30, 2019

    I love your personal injury lawyer tips. My father just got hit by a drunk driver. I’ll have to get him a lawyer so he can sue the guy to his last dime.

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